A magistrate judge is a judicial officer of the district court and is appointed by majority vote of the court’s active district judges. A magistrate judge has jurisdiction over matters assigned by statute and local rules, as well as those delegated by the district judges. A full-time magistrate judge serves a term of eight years. Magistrate judges’ duties may vary significantly from court to court. For additional information, please review Questions and Answers About Magistrate Judges, 28 U.S.C. § 631, and the U.S. Courts website.

Yes. Even if a case is not originally assigned to a magistrate judge, the parties may consent to magistrate judge jurisdiction in an eligible civil case. For a list of ineligible cases, refer to local rule DUCivR 72-3. Under 28 U.S.C. § 636(c)(1), a magistrate judge may only preside over the case if all the parties consent. If the case is eligible and not initially assigned to a magistrate judge, the Clerk’s Office will send the Consent to Jurisdiction of Magistrate Judge Form (Consent Form) to the parties. The form must be returned to the consent clerk within 21 days and must not be filed in the case.

There are several good reasons to consent to the jurisdiction of a magistrate judge:

• • Magistrate judges are experienced in handling a wide range of civil matters.
  • Civil cases before magistrate judges are often resolved more quickly.
  • Trial dates with magistrate judges are typically more certain because they do not preside over felony criminal trials, which often take scheduling precedence.  

Parties should return the completed Consent Form to the Clerk’s Office via:

Email: consents@utd.uscourts.gov

Mail: Orrin G. Hatch United States Courthouse
         Attention: Consent Clerk
         351 South West Temple Street, Rm 1.100
         Salt Lake City, Utah 84101

The parties may return one joint Consent Form or individual forms, whichever process is easiest for the parties and attorneys. After all parties have consented, the form will be filed in the case.

 No. The parties should not electronically file the Consent Form in the case. 

If an eligible civil case is directly assigned to a magistrate judge at case opening, and a party fails to return the Consent Form or requests reassignment of the case to a district judge, the Clerk’s Office will assign the case to a randomly selected district judge and automatically enter a referral to the same magistrate judge under 28 U.S.C. § 636(b)(1)(B) when the plaintiff does not have counsel or the case is a Social Security appeal. In a case initially assigned to a district judge, in which consent to a magistrate judge is not obtained, the case remains assigned to the district judge. Any existing referral to a magistrate judge is unaffected.

Parties are reminded that district judges may, and regularly do, refer civil matters to the magistrate judges in this district under 28 U.S.C. §§ 636(b)(1)(A) or (b)(1)(B), even if the parties do not consent.

When a party is added later to a case, the Clerk’s Office will send the Consent Form to the newly added party. The newly added party will have 21 days to return the form to the Clerk’s Office. If the newly added party does not consent, the case will be assigned to a randomly selected district judge. The case will still be referred to the same magistrate judge under 28 U.S.C. § 636 and DUCivR 72-3.

No. Magistrate judges may not preside over criminal trials and sentencings in felony cases.

No. Eligible civil cases are randomly assigned to a judge, which could be a district judge, senior judge, or magistrate judge. However, the random judicial assignment system contains more district judge assignments than senior or magistrate judge assignments.

Yes. Any party may decline to consent without any adverse consequences. The Clerk’s Office will not inform the judge of the identity of any party who refuses to consent.

No. The Clerk’s Office will not inform the judge of the identity of any party who does not consent. If a party does not return the form or declines to consent, the Clerk’s Office does not share the information with the assigned judge and the form will not be docket in the case.

If consent is not obtained, the case will remain with or be reassigned to a district judge. Again, district judges regularly refer civil matters to the magistrate judges in this district under 28 U.S.C. §§ 636(b)(1)(A) or (b)(1)(B).

A magistrate judge may be involved in a civil case under 28 U.S.C. §§ 636(b)(1)(A) or (b)(1)(B), often called an “A” or “B” referral.

“A” refers to the statute - 28 U.S.C. § 636(b)(1)(A). An “A” referral allows a magistrate judge to handle all pretrial, non-dispositive motions. A magistrate judge resolves these matters by a direct order. See Fed R. Civ. P. 72(a).

“B” refers to the statute - 28 U.S.C. § 636(b)(1)(B). A “B” referral allows a magistrate judge to handle all maters in a case, including dispositive motions like a motion for summary judgment or a motion to dismiss. A magistrate judge resolves dispositive matters by issuing a Report and Recommendation (also called an R&R) to the district judge. See Fed R. Civ. P. 72(b). The district judge may accept, reject, or modify the R&R, or may remand the case to the magistrate judge for further action. A party may also object to the R&R and the district judge will review and consider the objection.